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HomeMy WebLinkAboutMin 09-05-90MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - SEPTEMBER 5, 1990 The City Council convened in a regular meeting at 6:35 p.m., in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. The following Councilmembers were present: Wattenburger, Shoemaker, Schneiter and Mayor Henderson. Absent: Councilmember McMichael. Staff present: City Clerk McKay, City Attorney Rapport, City Manager Rough, Community Development Director Harris, Assistant City Manager Horsley, Fire Chief Mitchell, City Engineer Beard, Executive Assistant Stamelos, Community Services Director McCarty, Sun House/Grace Hudson Museum Director Abel-Vidor, Police Chief Keplinger, Public Works Director Goforth, Finance Director Vara, and Electric Utility Director Roper. INVOCATION/PLEDGE OF ALLEGIANCE City Clerk McKay delivered the Invocation and Councilmember Wattenburger led the Pledge of Allegiance. 4. Proclamation for United Way Week (September 9 - 15, 1990) Mayor Henderson read and presented the Proclamation to Lake and Mendocino County United Way Chairperson, Marsha Young and United Way Staff Betsy Thompson. 5. Approval/Correction of Minutes of Reqular Meeting, Auqust 15, 1990 M/S Schneiter/Shoemaker to approve the minutes of the regular meeting of August 15, 1990, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker and Schneiter. NOES: None. ABSTAIN: Councilmember Wattenburger and Mayor Henderson. ABSENT: Councilmember McMichael. 6. Riqht to Appeal Decision Mayor Henderson reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. 7. Consent Calendar Councilmember Shoemaker pulled Item 7i. Approval of Lease Agreement with Mendocino Office of Education for Low Gap Property. It then became New Business Item llh. M/S Schneiter/Wattenburger to approve the Consent Calendar as follows: 7a. Approved the Payroll Warrants dated August 5, 1990 to August 18, 1990, #35559 to 35740, in the amount of $132,470.45 and the General Warrants, #47634 to 47844, in the amount of $865,871.07. 7b. Denied the Claims for Damage of Phyllis Mason and Jessica James and referred them to the City's insurance carrier, REMIF. 7c. Rejected all bids for Cleaning of the Wastewater Treatment Plant Sludge Digester as all bids were over budget amount and authorized staff to negotiate a contract for the digester cleaning service. 7d. Received and filed the report regarding Perkins Street right of way acquisition process. 7e. No status report regarding County of Mendocino budget impacts on the City of Ukiah was submitted at this time due to continued research by staff. 7f. Accepted the work as completed for Construction of Drainage Facilities on Orchard Avenue, Spec. No. 89-18, and directed the City Clerk to record and file the Notice of Completion. 8 7g. Accepted the work as completed for Construction of Asphalt Concrete Resurfacing on specific City streets, Spec. No. 88-30 (90-1) and directed the City Clerk to record and file the Notice of Completion. 7h. Adopted Ordinance No. 911, Adding Article iA of Chapter 4, Division 1, of the Ukiah City Code, Establishing the Cultural Arts Advisory Board, and amending Article 1 of Chapter 4, Division 1, of the Ukiah City Code regarding Parks, Recreation and Cultural Arts Commission. 7j. Accepted the Report of Administrative Actions and Proposals (R.A.A. P) The previous motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember McMichael. COMMENTS FROM THE AUDIENCE Jeff Trouette, 807 Maple Avenue, submitted a letter to Council expressing his concerns for curb, gutter and sidewalk improvements on Ford Street, the impact of the new Mervyn's store on Ford Street traffic, and an old power pole location in the same vicinity. UNFINISHED BUSINESS 10a. Adoption of Policy Resolution Reqardinq Use of Community Development Block Grant Funds The Community Development Director reported on the history of discussions regarding possible use of the Community Development Block Grant Funds and the intent of the original resolution establishing this fund. Discussion ensued regarding 10 percent maximum amounts allowed, revolving loan programs, and saving and investment of the funds. The City Attorney advised Council on possible additional wording allowing flexibility. M/S Shoemaker/Schneiter to add the wording to line 20 of the proposed Policy Resolution as follows, "WHEREAS, priority shall be given to loans over grants to preserve the fund to the maximum extent feasible.", and adopted Policy Resolution No. 23 Regarding Use of community Development Block Grant Revenue Funds. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember McMichael. 10b. Adoption of Resolutions Appointinq Commissioners i. Planninq Commissioner Mayor Henderson thanked Sheridan Malone for his past efforts as Planning Commissioner and nominated Phyl Allen Diri to fill the vacancy created by Commissioner Malone's resignation from the Planning Commission. Councilmember Shoemaker seconded the nomination. Discussion ensued with the City Attorney regarding a possible job conflict. It was the general consensus of Council to table this matter until the next meeting for further research. 10b.ii. City Representative to the Library Advisory Board Mayor Henderson nominated Peggy Cleveland to fill the vacancy created by the resignation of Sharon Cantrall as City representative on the Library Advisory Board. Councilmember Shoemaker seconded the nomination. The nomination was approved by the following roll call vote: AYES: Councilmembers Reg. Mtg. September 5, 1990 Page 2 Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember McMichael. M/S Schneiter/Wattenburger adopted Resolution No. 91-12, Appointing Peggy Cleveland as the City Representative to the Library Advisory Commission. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember McMichael. PUBLIC HEARING - 7:00 p.m. 9a. Zoninq Code Amendment No. 90-60, Modifying the Planned Development (PD Regulations) i. Introduction of Ordinance The Community Development Director reported on this amendment which would change adoption of Planned Development Use Permits by Resolution to by Ordinance, which was discussed in the recent Mendocino Environmental Center lawsuit. He noted that the past process of adoption of PD Use Permits by Resolution is still legal but indicated it is more appropriate to adopt the Planned Developments by Ordinance. He noted the Planning Commission unanimously approved this amendment at their August 22, 1990 meeting. PUBLIC HEARING OPEN - 7:16 p.m. No one came forward. PUBLIC HEARING CLOSED - 7:17 p.m. The City Attorney recommended insertion of additional wording before action being taken on this matter, and advised Council to refer the amended version back to the Planning Commission, if Council desires. M/S Schneiter/Wattenburger to add the additional wording to line 5 on page 2; "SECTION THREE. Affect on Planned Developments approved by Use Permit Nothing contained in this Ordinance shall be deemed to affect the validity of Planned Developments finally approved by the City Council prior to the effective date of this Ordinance. All such Planned Developments approved by Use Permit are hereby declared valid and in full force and effect." The currently contained title Section Three shall become Section Four. Publication and Effective Date. This amendment shall be referred to the Planning Commission for recommendation to be returned to Council on September 19, 1990. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember McMichael. 9b. General Plan Amendment No. 90-61, Amending the Industrial Land Use Classification in the Land Use Element The Community Development Director reported on the consistency between zoning and the General Plan issue that was discussed during the stipulation negotiations regarding the Wal-Mart/Airport Industrial Park Planned Development lawsuit. He noted the proposed amendment to the General Plan will clarify the existing practice and intent in the Industrial Land Use Classification in the Land Use Element. He advised Council that action on this item should occur at the September 19, 1990 meeting which is after the 21 day review period for the Negative Declaration and requested this matter be continued after the Public Hearing is held. PUBLIC HEARING OPEN - 7:16 p.m. No one came forward. PUBLIC HEARING CLOSED - 7: 17 p.m. Reg. Mtg. September 5, 1990 Page 3 10 M/S Schneiter/Shoemaker to continue this matter to the regular meeting of September 19, 1990. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember McMichael. NEW BUSINESS The City Attorney noted the need for action on an emergency item that arose after the preparation and distribution of the Agenda and advised Council on the legal procedures regarding addition of an emergency item to the Agenda. M/S Shoemaker/Schneiter to add the matter of "Approval of Agreement Authorizing PG&E to Provide Temporary Electric Service to a site at the Ukiah High School." The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember McMichael. The Electric Utility Director reported on the immediate need of a newly constructed building at the Ukiah High School for electric service in which the City is not able to supply at this point in time due to the time needed to run the lines. He noted that PG&E has lines in the area and is able and willing to supply the temporary service until the City of Ukiah is able to. He reported that he feels authorization is needed from Council for this action as the City does not allow PG&E to distribute electricity in the City limits. Council paused to read the agreement prepared by the City Attorney. M/S Shoemaker/Schneiter to approve the agreement and authorized the City Manager to sign the agreement authorizing PG&E to provide temporary electric service to a single location in the City of Ukiah. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember McMichael. lla. There was no item submitted to Council for action as it. was pulled by staff after the Aqenda finalization. llb. Introduction of Ordinance Reqarding Sidewalk Repair Program The City Engineer reported on the proposed amendments to the current City code which will provide an updated basis and procedures for repairs or reconstruction of damaged City sidewalks in which the owners will participate in repairs, in the amount of materials only, except where street trees have caused the damage and then the City will repair at no cost to the owner. Discussion ensued regarding the current code and the proposed changes, the budgeted maximum amount of $50,000., the sidewalk condition inventory being 10% complete, and additional staffing needed for completion of the inventory. No one came forward from the audience to address this matter. M/S Schneiter/Shoemaker to read the title only for the first reading of the proposed Ordinance. The motion was carried by an unanimous voice vote of all AYE. The City Clerk read the title only of the proposed Ordinance. M/S Schneiter/Shoemaker introduced the Ordinance Amending Chapter 5, Division 6 of the Ukiah City Code (Commencingwith Section 5400), Relating to the Repair of Sidewalks. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember McMichael. Reg. Mtg. September 5, 1990 Page 4 11 M/S Schneiter/Wattenburger adopted Resolution No. 91-13, Establishing a Policy and Procedure for the Repair of Damaged Public Sidewalk in Front of Properties within the City of Ukiah, to become effective upon the previously introduced Ordinance becoming effective 30 days after final adoption. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember McMichael. llc. Adoption of Resolution Confirming the Continued Policy of 72 Hour Noticing of Public Meetings The City Attorney noted the State of California has adopted legislation that has relieved Cities and Counties of the obligation to post Agendas 72 hours in advance and provide a public comment period during their meetings. He indicated it is the opinion of the City Manager to confirm the continued past practice of conforming with Brown Act regulations by adopting the proposed Resolution. M/S Shoemaker/Wattenburger adopted Resolution No. 91-14, Continuing Application of the Ralph M. Brown Act Despite 1990 Budget Act Exemption. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember McMichael. Recess - 7:48 p.m. Reconvene - 7:58 p.m. lld. Introduction of Ordinance Adopting Uniform Conservation Building Code The Community Development Director reported that use of the Uniform Conservation Building Code during reconstruction of older buildings that are not specifically historical or architecturally significant has been discussed during discussion of the Unreinforced Masonry Buildings Program. He noted the use of this code along with the Uniform Building Code and the State Historic Building Code will allow more flexibility in meeting the building demands of existing structures in the City of Ukiah. The City Attorney recommended an amendment to the wording to the proposed Ordinance to clarify the State Historic Building Code shall prevail over the Ukiah City Code. M/S Schneiter/Wattenburger to read the title only for the first reading of the proposed Ordinance. The motion was carried by a unanimous voice vote of all AYE. The City Clerk read the title only of the proposed Ordinance. M/S Schneiter/Wattenburger to strike the words on Page 2, 1st paragraph, sixth line, either and in the same paragraph, last line, strike the words or under the other provisions of the Ukiah City Code., and adding a period after the word "terms", and to introduce the amended Ordinance. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember McMichael. lle. Unreinforced Masonry Building Program i. Introduction of Ordinance Amending Ukiah Code Section 3076 Entitled - Earthquake Hazard Reduction in Existing Buildings ii. Adoption of Resolution Enacting Compliance Schedule for Earthquake Hazard Reduction The Community Development Director reported on the need for an amendment to the current Code which would delete all wording referring to "Richter Scale" and the Unreinforced Masonry Building Program in which a compliance schedule was studied by the Unreinforced Masonry Building Task Force. He noted the proposed Ordinance amends Section 3076A of Chapter 2, of Division 3 of the current Ukiah City Code. He also reported the Reg. Mtg. September 5, 1990 Page 5 12 proposed Resolution from the Unreinforced Masonry Building Task Force contains their recommendation for a compliance schedule of 25 years. Discussion ensued regarding the 25 year recommendation, risk of earthquake, final vote of the Unreinforced Masonry Buyilding Task Force on this recommendation, risk to public, declining downtown property values, compliance schedule if building owner dies, and costs involved in retrofit vs. rebuilding. John McCowen, P.O. Box 454, Ukiah, expressed concern that the City of Ukiah has exceeded the State mandates and the 25 year recommendation is a reasonable length of time to comply. He indicated the retrofit technology is advancing and will be in the best interest of owners to comply as soon as possible as it will become more expensive to comply as time goes on. Bob Mirata, 672 Tokay, stated as he was on the task force he remembers only one vote being against the 25 year recommendation. He explained it costs $30-50 per square foot to retrofit a masonry building with only being able to receive the current average monthly rent for a commercial building of 15-80 cents per square foot. Albert Krause, 866 South Dora, expressed his concern that public safety is the issue and likes the noticing requirement. He questioned how many general public were on the task force. He expressed his disapproval of the 25 year recommendation as it does not take into account the general public's safety. Sheridan Malone, 305 Hillcrest, stated the economic health of the community is important and encourages a cost effective solution. Arlene Hughey, 1131 Maple Avenue, explained her perspective as a owner of three older buildings and encouraged Council to allow time for technology to catch up and not create a timeframe that would drastically impact downtown Ukiah. She indicated hazard signs don't stop people from smoking or drinking. Marlene Werra, 2 Lookout Drive, stated that 25 years is not forever especially with new technology coming in the next couple of years. She encouraged Council to weigh the risk as there are 300 year old buildings in Europe still standing. Ken Carol, 802 Walnut, expressed concern regarding current owners recommended compliance schedule of 25 years while new owners only have 5 years. He feels the old buildings will be torn down as land prices go up and the cost of reinforcing them goes up too. Mayor Henderson thanked the Unreinforced Masonry Building Task Force for their citizen input and efforts but expressed concern that 25 years is a long time. Councilmember Schneiter stated he feels the Council should adopt the recommendation of the committee they appointed for credibility reasons. M/S Schneiter/Wattenburger to adopt the proposed Resolution Adopting Compliance Schedule Pursuant to Ukiah City Code Section 3075, Earthquake Hazard Reduction. The motion failed by the following roll call vote: AYES: Councilmembers Wattenburger and Schneiter. NOES: Councilmember Shoemaker and Mayor Henderson. Absent: Councilmember McMichael. Discussion ensued regarding urgency for compliance, how the Task Force developed the 25 year recommendation, and other possible timeframes. M/S Henderson/Schneiter to adopt the Resolution with the Compliance Schedule of 15 years. The motion failed by the following roll call vote: AYES: Mayor Henderson. NOES: Reg. Mtg. September 5, 1990 Page 6 13 Councilmembers Wattenburger, Shoemaker and Schneiter. ABSENT- Councilmember McMichael. ' The City Manager suggested that the recommendation be continued, evaluated and included as part of the proposed Downtown Master Plan. M/S Shoemaker/Henderson to continue the matter of Adoption of Resolution Enacting Compliance Schedule for Earthquake Hazard Reduction. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember McMichael. The City Attorney recommended additional wording in the proposed Ordinance that amends Ukiah Code Section 3076 regarding Earthquake Hazard Reduction in Existing Buildings. M/S Schneiter/Wattenburger to read the title only of the proposed Ordinance for the first reading. The motion was carried by a unanimous voice vote of all AYE. The City Clerk read the title only of the proposed Ordinance. M/S Schneiter/Wattenburger to add the additional wording to the proposed Ordinance as follows; Page 1, Section One, 2nd paragraph, 3rd line, after the word a, insert "description of the building's ability to resist seismic activity and a", and introduce the Ordinance as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember McMichael. llf. Approval of Memoranda of Understandinq for Employee Groups i. Miscellaneous ii. Police iii. Electrical The Assistant City Manager reported that the City Manager has completed the meet and confer sessions with three employee units with the final tentative agreements having been reviewed by the City Attorney with a two year ~ength of term, and upon approval will be effe6tive June 24, 1990 M/S Schneiter/Wattenburger to adopt the following; 1. Resolution No. 91-15 Adopting the Memorandum of Understanding Between the City of Ukiah and the Miscellaneous Unit, 2. Resolution No. 90-16 Adopting the Memorandum of Understanding Between the City of Ukiah and the Police Unit, and 3. Resolution No. 91-17 Adopting the Memorandum of Understanding Between the City of Ukiah and the Electrical Unit. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember McMichael. 11~. Discussion of Sycamore Trees at Civic Center pe~ Councilmember Shoemaker Councilmember Shoemaker expressed concern that the 3 year old Sycamore trees planted along the Civic Center entry street are planted too close for the size tree they will become and noted that the roots will soon be growing too large and will raise up the sidewalk. He recommended they be removed now while they are still small and can be resold. He indicated there are other better suited trees that are also compatible with our street tree plan, that could be planted with root barriers. It was the general consensus of Council for staff to report back to Council regarding this matter. llh. Approval of Lease Aqreement with Mendocino County Office of Education for Low Gap Property Reg. Mtg. September 5, 1990 Page 7 14 Councilmember Shoemaker expressed his dissatisfaction with this agreement. M/S Schneiter/Wattenburger authorized the Mayor to execute lease agreement of City-owned property on Low Gap Road to Mendocino County Office of Education. The motion was carried by the following roll call vote: AYES: Councilmember Wattenburger, Schneiter and Mayor Henderson. NOES: Councilmember Shoemaker. ABSENT: Councilmember McMichael. COUNCIL REPORTS Councilmember Wattenburqer Reported on the Mendocino Transit Authority meeting he attended last week. CITY MANAGER/DEPARTMENT HEAD REPORTS None. CLOSED SESSION None. ADJOURNMENT There being no further 9:50 p.m. CCCMIN.40 business,~e ~eeting was adjourned at Reg. Mtg. September 5, 1990 Page 8